Compiled by Jesse Wood
The U.S. Department of Justice informed the State of North Carolina and Gov. Pat McCrory that the HB2 law violates Title VII of the Civil Rights Act of 1964 in a letter on Wednesday.
“Please advise the Department, therefore, no later than close of business on May 9, 2016 whether you will remedy these violations of Title VII, including by confirming that the State will not comply with or implement H.B. 2, and that it has notified employees of the State and public agencies that, consistent with federal law, they are permitted to access bathrooms and other facilities consistent with their gender identity,” USDOJ Principal Deputy Assistant Attorney General Vanita Gupta wrote.
Read the entire letter here: HB2DOJ
See what folks are saying about this development below:
Governor McCrory Responds to Letter from Department of Justice
Governor Pat McCrory issued the following statement in response to the letter received today from the U.S. Department of Justice regarding HB2:
“A claim by the Obama administration charges that one part of House Bill 2, which requires state employees in public government buildings and students in our universities to use a restroom, locker room and shower facility that match their biological sex, is now in violation of federal law. The Obama administration has not only staked out its position for North Carolina, but for all states, universities and most employers in the U.S.
“The right and expectation of privacy in one of the most private areas of our personal lives is now in jeopardy. We will be reviewing to determine the next steps.”
The Office of the State Senate Democratic Leader Dan T. Blue, Jr.
The U.S. Justice Department confirmed Senate Democrats fears that the passage of House Bill 2 would indeed put billions of dollars in federal education funding at risk for North Carolina.
The Justice Department’s statement today notifying Governor Pat McCrory of HB 2’s federal violations echoes that of the bill’s opponents who have argued that the law is discriminatory.
“This bill is a direct assault on the people’s rights,” Senator Dan Blue (D-Wake) said Wednesday. “Not only the rights of transgender people and the LGBT community, but the rights and protections of everyone in this state.
“We are encouraged by the Justice Department’s assessment of this situation,” Blue continued. “We hope that, if Governor McCrory and state Republicans won’t listen to the people of this state, then they will heed the warnings of the federal government. This bill has now put billions of dollars in federal funding for our schools in jeopardy for the state of North Carolina. We can’t afford that.”
ACLU: U.S. Justice Department: North Carolina’s HB2 Violates Civil Rights Act
The U.S. Department of Justice today notified North Carolina Gov. Pat McCrory that HB 2, the sweeping anti-LGBT law that prevents transgender students, employees, and visitors from using restrooms that correspond to their gender identity, has placed the state in violation of Title VII of the U.S. Civil Rights Act, Title IX, and the Violence Against Women Act.
In response, the American Civil Liberties Union, ACLU of North Carolina, and Lambda Legal – which are challenging HB 2 in federal court on behalf of six LGBT North Carolinians – released the following statement:
“It is now clearer than ever that this discriminatory law violates civil rights protections and jeopardizes billions of dollars in federal funds for North Carolina. Governor McCrory and the legislators who forced through HB 2 in a single day were warned about these dire consequences, but they ignored the law and the North Carolinians it would harm and passed the bill anyway. The only way to reverse the ongoing damage HB 2 is causing to North Carolina’s people, economy, and reputation is a full repeal.”
Title VII prohibits employers from discriminating on the basis of sex, which includes discrimination against transgender individuals based on sex and gender identity. Title IX prohibits similar discrimination against transgender students and school staff. On April 20, 2016, Plaintiff Joaquín Carcaño filed a charge alleging violations of Title VII with the Equal Employment Opportunity Commission.
NC Values Coaltion: Feds Continue the Bullying of North Carolina With Baseless Threats
The North Carolina Values Coalition issues the following statement regarding the U.S. Department of Justice’s threats against North Carolina’s Bathroom Privacy and Security Act, HB 2, which ensures citizens fundamental right to privacy will be protected in government facilities and public school restrooms, locker rooms, and showers.
“North Carolina’s bathroom privacy law is in full compliance with federal law. No federal law—including Title VII and Title IX—requires states or schools to allow men in the women’s restrooms or women in the men’s restrooms. The DOJ should be ashamed of itself for bullying North Carolinians, compromising the privacy and safety of our citizens, and spreading lies about what the clear language of Title IX and Title VII state. While the Obama Administration may try to impose its agenda by attempting to redefine what “sex” means under Title VII and Title IX, that is something only Congress can alter. We commend Governor McCrory and our elected representatives for their commitment to North Carolinians’ right to privacy and their resilience against the continued bullying tactics from the media, from the HRC, and now the DOJ, that seeks to force our little girls to undress in front of men.”
ACS President Caroline Fredrickson Lauds Justice Dept. Move on HB2
U.S. Justice Department officials notified North Carolina Gov. Pat McCrory today that House Bill 2 violates the U.S. Civil Rights Act. American Constitution Society for Law and Policy President Caroline Fredrickson made the following statement:
“We applaud the Justice Department for standing up for all Americans, including the most vulnerable, by saying North Carolina’s HB2 violates the Civil Rights Act. After many equal rights victories, HB2 is nothing more than the latest assault on LGBT rights. The discriminatory law belongs in the dustbin of history.”
The American Constitution Society for Law and Policy (ACS), founded in 2001 and one of the nation’s leading progressive legal organizations, is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals dedicated to making the law a force to improve lives of all people. For more information about the organization or to locate one of the more than 200 lawyer and law student chapters in 48 states, please visit www.acslaw.org. For more information on the Supreme Court vacancy, visitwww.acslaw.org/SCOTUS.
Cooper Response to Letter from U.S. Department of Justice
Attorney General Roy Cooper released the following statement in response to the letter from the U.S. Department of Justice on House Bill 2 violating the Civil Rights Act:
“Enough is enough. It’s time for the Governor to put our schools and economy first and work to repeal this devastating law.”
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